IMPLIED POWERS. 227 
colony to which such law may relate, or repugnant to any 
order or regulation made under authority of such Act of 
Parliament, or having in the colony the force and effect of 
such Act, shall be read subject to such Act, order or regula- 
tion, and shall to the extent of such repugnancy ” be void. 
In the case of The Farewell the judge of the Quebec Vice- 
Admiralty Court applied the above statute, and held that a 
clause of the Merchant Shipping Act of 1854 superseded 
the Dominion Pilotage Act of 1873. 
8. The provincial Legislatures “are in no sense delegates asl 
of or acting under any mandate from the Imperial Parliament. tures 
When the British North America Act enacted that there jithin 
should be a Legislature for Ontario, and that its Legislative re 
Assembly should have exclusive authority to make laws for power. 
the province and for provincial purposes in relation to the 
matters enumerated in sect. 92, it conferred powers not in 
any sense to be exercised by delegation from or as agents of 
the Imperial Parliament, but authority as plenary and as 
ample within the limits prescribed by sect. 92 as the 
Imperial Parliament in the plenitude of its power possessed 
and could bestow. Within these limits of subjects and area 
the local Legislature is supreme, and has the same authority 
as the Imperial Parliament or the Parliament of the 
Dominion would have had under like circumstances to con- 
fide to a municipal institution or body of its own creation 
authority to make by-laws or resolutions as to subjects 
specified in the enactment, and with the object of carrying 
the enactment into operation and effect” 
4. Power to legislate on a particular subject implies the Implied 
right to legislate on incidental subjects necessary to an exer- fr 
sise of such power. tion. 
“We consider as a proper rule of interpretation in all 
these cases that when a power is given either to the 
{ 7 Quebec L. R. 380, 2 Cart. 378. 
! P. C. in Hodge v. The Queen, L. R. 9 App. Cases, at p. 132. 
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